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Part II Bills of Lading and Other Documents of Carriage, 9 Third Parties and Bill of Lading Terms

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 June 2024

Third parties — Bills of lading and carriage of goods — Documents of carriage — Contract — Contract and transfer of title — Delivery and transfer of title — Documents of title

This chapter describes the solutions devised by the courts to remedy problems concerning bill of lading contracts and third parties. Apart from the original shipper and any named consignee, any person who becomes the holder of the bills of lading pursuant to the 1992 Act will also have contractual rights of suit vested in them. In certain circumstances, section 1 of the 1855 Act was ineffective in providing rights of suit as between the original contracting parties and third party consignees or endorsees. Where there was a bill of lading, the courts were willing to imply a contract between the consignee or endorsee and the carrier. This implied contract was a separate contract from the original contract between the shipper and carrier. The chapter also considers the special contract, suit in tort, bailment, the Himalaya clauses, and the Contracts (Rights of Third Parties) Act 1999.

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